Termination
Laksh
(Querist) 15 June 2016
This query is : Resolved
Hello..I was working with MNC pvt Ltd company..Salary was more than 12 Lacs Per Annum..But we did not have any powers..My company terminated me without any reason or prior notice..I put a court case in Labour court before three years..Since three years I put two notice and my company replied only once..Now my lawyer is saying I have to go under cross examination first..Is my lawyer correct ? How can I call my employer to court first ? Pls suggest..Thanks
Kumar Doab
(Expert) 15 June 2016
The query does not provide clear information.
Noted: The company has replied only once to you.
You had approached ALC/Conciliation Officer or labor Court?
Management has not appeared before Conciliation Officer or in labor Court?
The matter is proceeding Ex.Party?
Laksh
(Querist) 15 June 2016
Hello Sir, matter is with labor court..First I send my matter about false termination via labour court to company...company replied once to that without any affidavit...i replied to that by all affidavit that I m under labour defination..This was before 8 months...Company didn't replied to this..now my lawyer is saying I have to appear for cross examination in court and answer company lawyers queries...Am I moving true in my case ?...pls suggest...tks
H. S. Thukral
(Expert) 15 June 2016
Your case is fixed now for your evidence. You can file your evidence by way of an affidavit. Employer will cross examine you. Your lawyer is correct. It is always the evidence of claimant first to prove his case. Then only opposite party can defend.
Kumar Doab
(Expert) 15 June 2016
Keep in touch with your counsel and prepare well.
Laksh
(Querist) 15 June 2016
Thank you for your valuable feedback.These days so many fraud happening n for me first time in court...thanks
Siddharth Dev
(Expert) 15 June 2016
Kindly provide full details of termination latter and clearly mention impugned grounds of latter.
thank you
Kumar Doab
(Expert) 15 June 2016
You may post reply to the points raised by experts.
Is it the same matter you have posted long time back at:
http://www.lawyersclubindia.com/forum/Termination-from-mnc-salary-gt-1-lacs-per-month-127853.asp
http://www.lawyersclubindia.com/forum/Termination-from-job-not-falling-under-workmanship-128007.asp
Laksh
(Querist) 17 June 2016
Ok Sir..Thanks all for your valuable time and reply.
T. Kalaiselvan, Advocate
(Expert) 20 June 2016
Since you have already filed affidavit from your side, you are deemed to to have deposed evidence from your side and the next step is you will be cross examined by the company's lawyer. There is no ambiguity init.
Laksh
(Querist) 08 August 2016
Dear Sir,After termination from MNC before four years, I put a case in Labor court for reinstatement in job.
My cross inquiry in Labor Court has been over. My queries where I need your guidance ::
(1)I have given Appointment Letter and Termination letter to my lawyer.In front of judge, I come to know My lawyer has not submitted this two documents. When I asked for the reason, he replied now we will submit.
(2)Company's MD threatened me with abuse language before termination and was not giving me my Passport back, I have gone for Police Complaint and in Police station my MD has given it back to me. My lawyer is saying it is not important to put this in this file. Is it ok ?
(3)I don't have job since 4 Years and during cross inquiry court has asked me the name of companies where I have applied for job but not got job.Court has asked me to submit applications of that companies to court. Should I ? Will it affect my future career ?
Your guidance will be highly respected and helpful.
H. S. Thukral
(Expert) 08 August 2016
appointment letter and termination letter are two vital documents to sustain your claim. Your advocate must have submitted these documents or copies thereof along with statement of claim.
Inquiries as to your status remaining unemployed after termination become necessary for the court to decide whether back wages should be awarded or not in case reinstatement in job is ordered.
As far as conduct of your employer at the time of termination is concerned, it may be helpful in establishing a bias against you. You are yet to cross the employer. Summon him through court and put all these questions to him.
Guest
(Expert) 08 August 2016
Mr. Laksh,
The main drawback of your query is that you did not state anywhere in which capacity you were posted in the MNC.
However, if you don't have any trust on your lawyer, better change him. Otherwise, even if you get any advice from experts here he would not be bound to adhere to that.
So, either trust him or change him.
Laksh
(Querist) 09 August 2016
@H S Thukral Sir, I am sincerely thankful for your support. Can I submit the required application of job to court ?
Laksh
(Querist) 09 August 2016
@ P S Shingra Sir, I was working in the capacity as Manager with MNC..I am n Engineer and not seen any court or lawyer in my life until now..So I am asking guidance of proper direction so that my case should not go out of direction and waste more money in crisis and may possible reach to justice if properly handled by me. Thanks
H. S. Thukral
(Expert) 09 August 2016
It is okay to file such documents.Also File an affidavit in the court that despite your best efforts you have not been able to get suitable employment.
Guest
(Expert) 09 August 2016
Being a Manager, your case does not fall within the jurisdiction of labour court. I wonder, how it is continuing with that court for the last three yeaes.
H. S. Thukral
(Expert) 10 August 2016
Designation is not determining factor of status of employee as a workman or not. It is nature of duties one is performing. An engineer if performs technical work shall be included in category of workman. further a preliminary issue whether the claimant is a workman or not shall be decided along with other issues after taking evidence etc. Therefore continuation of dispute in LC is not a surprise.
H. S. Thukral
(Expert) 10 August 2016
Designation is not determining factor of status of employee as a workman or not. It is nature of duties one is performing. An engineer if performs technical work shall be included in category of workman. further a preliminary issue whether the claimant is a workman or not shall be decided along with other issues after taking evidence etc. Therefore continuation of dispute in LC is not a surprise.
Guest
(Expert) 10 August 2016
Since I am of the opinion that the present query is nothing except an academic query, I may not like to elaborate any more on this issue. Anyone who considers a Manager/ Engineer as a worker that may be at his pleasure.
